Bouland v. Carpin

Citations

• 27 S.C. 235
• 3 S.E. 219
• 1887 S.C. LEXIS 125

Syllabus

<p>1. The provisions of the code permitting the judge to order a reference, must be read in subordination to the constitutional guaranty of trial by jury; but where the case is purely one of equitable cognizance, as, e. g., between partners for an accounting, the judge may order a referenoe where he is satisfied by the pleadings, or by affidavits, that it is a proper ease to be referred.</p> <p>2. Action for damages is not a matter of equity jurisdiction, but where asserted by way of counter-claim, growing out of the equitable case made in the complaint, the jurisdiction of the Court of Equity is not ousted.</p> <p>3. Point raised by respondent in his ai'gument that the order of reference complained of was not appealable, not considered' — -as respondent had made no motion to dismiss the appeal, nor given any notice that he would rely on such a position.</p>